Charter schools weigh in at lawsuit trial

AUSTIN — The chief executive officer of a growing charter school with campuses in Austin testified Tuesday that a lack of state funding for buildings is forcing him to make stark decisions as his enrollment swells.

Matt Abbott, CEO of Wayside Schools, said charter schools are cropping up in spaces not intended to be schools, including former churches and storefronts. Unlike traditional public schools, charters get no facilities funding from the state and can't tax property.

Hundreds of school districts — including 12 in San Antonio — are suing the state over a school funding system they say is inadequate and inequitable, reacting in part to a $5.4 billion cut made to public education in the last legislative session. State District Judge John Dietz is expected to rule Monday, and the Texas Supreme Court is expected to eventually decide the case on appeal.

This week, with the trial entering its fourth month, the Texas Charter School Association and parents argued that public school funding is unfair to them, too. A state cap on the number of charter schools is also ineffective, according to the group, which was granted intervener status in the case.

Starting teacher pay at Wayside is $40,000, or $3,000 less than in the Austin Independent School District, Abbott said.

He told Dietz the charter operator issued a $21 million bond last month but plans to accommodate student growth still include moving into a former Target store off Interstate 35.

“Quite literally, we've basically tripled in size,” Abbott told the court, adding that an increase in the number of economically disadvantaged and at-risk students would increase costs.

Issues with nontraditional facilities include inadequate ventilation, noise and other teaching disturbances, and difficulty attracting and keeping teachers and families, said Thomas Sage, a Houston-based attorney whose expertise includes bond issuance.

“If you have something that doesn't look like a school, it can be hard to get parents to trust you with their children,” he said.

Robin Sanders, an assistant attorney general representing the state, dismissed the bleak picture. She said the charter operator's Eden Park Academy has received an “exemplary” state rating the past four years. And despite lower pay, teacher turnover at the school is “about half” the state average, she said.

“You're meeting and exceeding standards,” Sanders said. “And you actually do so very efficiently, don't you?”

Abbott said the school relies on the dedication of committed teachers but he's uncertain how sustainable that is. He said the flexibility afforded charters comes with a cost.

“It's a balance, right?” Sanders asked.

“I don't know if it's a balance,” Abbott said. “Sometimes it feels like we actually lose.”